Hyperlawhypertext legal database Jonathan Woodner Co. v. American Phoenix Corp. 304 A.D.2d 366

← Cases

Jonathan Woodner Co. v. American Phoenix Corp.

304 A.D.2d 366 Court N.Y. App. Div. Decision date 2003-04-08 English

Contents

Majority

p. 366
Jonathan Woodner Company, Appellant, v American Phoenix Corporation et al., Respondents, and Mary Lesnewski et al., Appellants.
[756 NYS2d 847]

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about April 10, 2002, granting defendants-respondents’ motion

p. 367
for summary judgment dismissing plaintiffs complaint as against them, unanimously affirmed, with costs.

The complaint as against defendant-respondent insurance brokers was properly dismissed. The complained-of omission, i.e., the failure to procure adequate insurance coverage, took place subsequent to the termination of defendants-respondents as plaintiffs exclusive insurance brokers and their substitution by successor brokers, and defendants-respondents, particularly under these circumstances, had “no continuing duty to advise, guide, or direct [plaintiff] to obtain additional coverage * * (Murphy v Kuhn, 90 NY2d 266 , 273 [1997]; accord Capital Mercury Shirt Corp. v Arkwright Mut. Ins. Co., 195 AD2d 320 , 321 [1993].) Concur — Mazzarelli, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

Cases cited